Heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. All remaining heirs can be totally excluded by the presence of other heirs. But under certain circumstances, other heirs can also inherit as residuary. Those who inherit are usually confined to four groups:
1. Quota-heirs (Ashaabul-farāidh), those are persons who have a right to definite shares in assets left by the deceased. These sharers are twelve in number; four males: father, grandfather, uterine brothers and husband; and eight females: wife, single daughter, son's daughter, mother, grandmother, full sister, consanguine sister, uterine sister.
i. Father's share is one-sixth when the deceased leaves a son or a son's son, but if the deceased is not survived by a son or grandson his father will, in addition to this share (one-sixth), also get a share of being 'Asaba.
ii. The grandfather's share is like that of father's share but in three conditions:
a. According to Imam Bukhiri and Imam Muslim, the presence of father deprives even the brothers of their share in the inheritance. but this is not the case with the grandfather.
b. If the father of the deceased is alive, then the share of the mother is of what is left from the share of the wife of the deceased. The presence of grandfather does not reduce the share of the mother of the deceased.
c. The grandmother of the deceased has no share in the presence of the father of the deceased but she has a share in the presence of the grandfather.
iii. The third set of sharers is uterine brothers and sisters. They are entitled to one-sixth if their number is one, and one-third if they are more than one.
iv. The husband's share is one-half of the property of the deceased wife if she has no children, but in case of children it is one-fourth.
v. The wife is entitled to one-fourth if the husband dies childless; otherwise it is one-eighth.
vi. Real daughter: one-half when alone, and two-thirds if more than one. If the deceased is survived by a male child also. the daughters are then treated as Asaba and the male child would get double of what falls to the lot of daughters. The granddaughters stand on the same level as daughters. But in case the deceased is survived by one real daughter and one or more than one granddaughter they would get one-sixth. The granddaughter is not entitled to any share if the deceased is survived by a son, but if he is survived by grandsons and granddaughters, they would be treated as 'Asaba and the male grandchild would get double of what goes to the female grandchild.
vii. Full sister gets one-half if she is alone and two-thirds if they are more than one.
viii. Consanguine sister is entitled to one-half if one, and two thirds if more.
ix. Mother is entitled to one-sixth when she has a child or grandchild, and in case of being childless she gets one-third of the share.
x. If the deceased is survived either by paternal grandmother or maternal grand- mother or even by both, they are entitled to one-sixth. The grandmother (maternal) is deprived of her share if the mother of the deceased is alive; and if father is alive the paternal grandmother is deprived of this share.
2. Members of the ʿaṣaba (residuaries). When the heirs of the first group have received the respective shares, the residue of the assets falls to the share of those relatives who are called Asaba which, according to the Shari'ah, implies those relatives in whose line of relationship no female enters. This is the second group of inheritors.
There is no fixed share of the 'Asaba. If the deceased is not survived by any Dhaw-u'l-Fara'id, the whole of the property falls to their share; and If Dhaw-u'I.Fara'id are there to get their due share, the residue will be taken by the Asabat. The following are the 'Asaba:
i. Son: He is the first to get the residue in order of succession. The daughters are entitled to half of the share as given to the son. The grandsons are not entitled to any share in the presence of the son. If the son is not living, then the grandson is entitled to a share in the inheritance. If there are more than one son, the inheritance will be distributed equally amongst them.
ii. The father, grandfather and the great-grandfather are included in the category of Dhaw-u'l-Fara'id. If, however, the deceased is not survived by category of a son, grandson of great-grandson, then the father will fall under the category of 'Asaba, and, in the absence of the father, the grandfather assumes that position.
iii. If the deceased is not survived by son, or grandson or father or grandfather, i.e. none amongst the 'Asabat, then the brother, and in the absence of brother his son, and in the absence of son, his grandson will be entitled to share in the inheritance as 'Asaba and the female would also join them in share claiming half of the share as compared with male.
iv. If unfortunately the deceased is survived by none of the above-mentioned relatives amongst the 'Asabat, then consanguine brother will be entitled to share in the inheritance and he will be preferred to full brother's son.
3. The last category of inheritors are known ad Dhaw-u'l Arham, i.e. relations connected through females, but it is in extremely rare cases that they get any share in the inheritance. The following relatives come under this category.
i. The son of the daughter and daughter of the daughter.
ii. The son of the daughter of the son, and daughter of the daughter of the son and their children.
iii. Maternal grandfather, maternal grandfather of the father, the grandfather of the mother, maternal grandfather of the mother, the grandmother of the mother, the children of the sisters, the sisters of the father and those of the mother, etc.
4. In case a person leaves no direct relatives and there is no Aṣaba, his property escheats to the state treasury, Baytul-mal.